Child Support- What to Expect

Here is some general information which you probably should know about child support: 

1. You cannot waive Child Support:  Child Support belongs to the child.  The Court will never let you enter into an agreement where a parent waives the receipt of child support.  The parties can stipulate to a zero or reduced non guideline child support order, but it can be changed at any time. 

2.  Timeshare and Income: In general, child support is calculated based on how much time each parent spends with the child as well as each parent's income.  There are other factors at play here as well.  These include but are not limited to:  1) Whether one or both parties own a home and claim mortgage interest and property tax deductions on their taxes; 2) Health insurance costs; 3) Contributions to a 401K or a 457b plan; 4) Whether the parties have children from other relationships; 5) How the parties file their taxes; 6) Whether one of the parties is in jail; 7) Who claims the child on his/her taxes.  There are others, but I am sure you can see that each case is unique and has its own circumstances.  

3. Zero Time Share Percentage: Sometimes, for whatever reason, a parent does not see his/her child resulting in a zero time share.  This means that the custodial parent's income is pretty much irrelevant to the issue of child support.  

4. Add-ons:  The Court will order as and for additional child support that a parent keep health insurance in place for the children, pay a percentage of child care to allow the other party to work and a percentage of uncovered health costs for the child.  

5. Step Parents do not pay child support:  If your ex married a wealthy brain surgeon and you think that might be the basis to modify or terminate child support, think again.  In fact, it could form the basis of an increase in support.  If you want to know why, give me a shout out.  - You don't honestly think I am going to tell you everything on this website, do you? 

6. Recurring Gifts:  If you or the other parent are the recipients of recurring gifts, that can form the basis of an income finding for child support purposes.  

7. When does child support end?  Unless otherwise agreed, support for a minor child ends when the child turns 18 or graduates high school whichever is last but if he/she does not graduate high school, then not past the child's 19th birthday.  Also, child support ends if the child dies, gets married or becomes emancipated.  But, there is nothing preventing the parents from entering into an agreement for support above and beyond what the law requires.  Be careful of this, because once you sign on the dotted line, you can't change your mind.  See this video here!  

Focused Preparation & Client Involvement

We provide aggressive negotiation on behalf of our clients. You can expect clear communication from our firm at every step of the process.

We're Here to Help You, Contact Us Today

Let us provide detailed and helpful legal advice in your family matter. Call us today at 805-449-4290 to find out how we will fight for your rights.

Copyright © 2020 Hoffer Family Law Firm

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.